R v King [2019] NSWDC 865

R v King [2019] NSWDC 865

Having regard to the serious and sustained violence used in the assault, the objective seriousness of the offending is in the upper end of the middle range. Sentencing principles require a term of imprisonment, but the sentence is to be moderated due to the offender's childhood trauma, mental health history, demonstrated remorse, and prospects for rehabilitation. Special circumstances are found due to first time custody and need for supervision, justifying adjustment of the non‑parole and parole period ratio.

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
['sentencing' 'assault With Intent to Rob' 'non Parole Period' 'special Circumstances' 'plea Discount']
['criminal Law'] ['sentencing' 'assault With Intent to Rob' 'non Parole Period' 'special Circumstances' 'plea Discount']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for assault with intent to rob under s 95(1) Crimes Act 1900' 'Consideration of objective seriousness of offence' "Relevance of offender's childhood trauma and mental health" 'Assessment of remorse and prospects of rehabilitation' 'Application of plea discount and identification of special circumstances']

Ratio Decidendi

Having regard to the serious and sustained violence used in the assault, the objective seriousness of the offending is in the upper end of the middle range. Sentencing principles require a term of imprisonment, but the sentence is to be moderated due to the offender's childhood trauma, mental health history, demonstrated remorse, and prospects for rehabilitation. Special circumstances are found due to first time custody and need for supervision, justifying adjustment of the non‑parole and parole period ratio.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • ['Sentenced to a non‑parole period of two years from 2 February 2019 to 1 February 2021.' 'The balance of the term is one year and four months, expiring on 1 June 2022.' 'Total term of imprisonment is three years and four months.' 'Earliest date for parole: 1 February 2021.']